In order to assure that you are covered by the statutory presumption, if you wish to
engage in outside employment and you get prior approval from Chief Counsel John
McConnell, we recommend that you thereafter write to the Advisory Committee on
Judicial Ethics, c/o Maryrita Dobiel, Esq., for the Committee to address the particular
facts of your situation.

Opinion 11-19

May 4, 2011

Dear Judge:

You have asked the Committee to consider whether you are ethically
permitted to engage in outside employment as described in your inquiry (11-19)
during the period for which 22 NYCRR 100.4(D)(3) has been administratively
suspended. Specifically, you ask whether you may collect money for your spouse at
craft shows.

In considering your inquiry, we wish to emphasize that the Committee can only
comment on the ethical propriety of your prospective conduct (see 22 NYCRR 101.1),
separate and apart from any administrative approvals you may have received.

Based on our independent review, we conclude that your participation in the
described activity would ordinarily be barred by the rule which provides that “[a]
full-time judge shall not serve as an officer, director, manager, general partner,
advisor, employee or other active participant of any business entity ...” (22 NYCRR
100.4[D][3]).

However, in light of the temporary suspension of Rule 100.4(D)(3), we conclude
that you may ethically participate in the described activity during such temporary
suspension,subject to all other applicable sections of the Rules Governing Judicial
Conduct and further subject to the terms and conditions of any administrative
approvals you may have received.